[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55820-55823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22812]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2010-N129; 30120-1113-0000-C4]
Endangered and Threatened Wildlife and Plants; 5-Year Status
Reviews of Seven Midwest Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of initiation of reviews; request for information.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are initiating 5-year
status reviews under the Endangered Species Act of 1973, as amended
(Act), of seven animal and plant species. We conduct these reviews to
ensure that our classification of each species on the Lists of
Endangered and Threatened Wildlife and Plants as threatened or
endangered is accurate. A 5-year review
[[Page 55821]]
assesses the best scientific and commercial data available at the time
of the review. We are requesting the public to send us any information
that has become available since the most recent status reviews on each
of these species. Based on review results, we will determine whether we
should change the listing status of any of these species.
DATES: To ensure consideration, please send your written information by
November 15, 2010. However, we will continue to accept new information
about any listed species at any time.
ADDRESSES: For how and where to send comments or information, see
``VIII. Contacts'' under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: To request information, see ``VIII.
Contacts'' under SUPPLEMENTARY INFORMATION. Individuals who are hearing
impaired or speech impaired may call the Federal Relay Service at 800-
877-8337 for TTY (telephone typewriter or teletypewriter) assistance.
SUPPLEMENTARY INFORMATION:
I. Why do we conduct a 5-year review?
Under the Act (16 U.S.C. 1531 et seq.), we maintain Lists of
Endangered and Threatened Wildlife and Plants (which we collectively
refer to as the List) in the Code of Federal Regulations (CFR) at 50
CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of
the Act requires us to review each listed species' status at least once
every 5 years. Then, under section 4(c)(2)(B), we determine whether to
remove any species from the List (delist), to reclassify it from
endangered to threatened, or to reclassify it from threatened to
endangered. Any change in Federal classification requires a separate
rulemaking process.
In classifying, we use the following definitions, from 50 CFR
424.02:
(A) Species includes any species or subspecies of fish, wildlife,
or plant, and any distinct population segment of any species of
vertebrate, that interbreeds when mature;
(B) Endangered species means any species that is in danger of
extinction throughout all or a significant portion of its range; and
(C) Threatened species means any species that is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range.
We must support delisting by the best scientific and commercial
data available, and only consider delisting if data substantiate that
the species is neither endangered nor threatened for one or more of the
following reasons (50 CFR 424.11(d)):
(A) The species is considered extinct;
(B) The species is considered to be recovered; or
(C) The original data available when the species was listed, or the
interpretation of data, were in error.
Our regulations at 50 CFR 424.21 require that we publish a notice
in the Federal Register announcing the species we are reviewing.
II. What species are under review?
This notice announces our active 5-year status reviews of the
species in table 1.
Table 1--Current Listing Status of Species Under 5-year Status Review
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Final listing rule
Common name Scientific name Status Where listed publication date and
citation
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Animals
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Higgins eye................... Lampsilis Endangered...... U.S.A. (IA, IL, June 14, 1976
higginsii. MN, MO, NE, WI). (41 FR 24064).
Snail, Iowa Pleistocene....... Discus Endangered...... U.S.A. (IA, IL). July 3, 1978
macclintocki. (43 FR 28932).
Beetle, Hungerford's crawling Brychius Endangered...... U.S.A. (MI, March 7, 1994
water. hungerfordi. Canada). (59 FR 10580).
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Plants
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Missouri bladderpod........... Physaria Threatened...... U.S.A. (AR, MO). October 15, 2003 (68 FR
filiformis 59337).
(=Lesquerella
filiformis).
Running buffalo clover........ Trifolium Endangered...... U.S.A. (AR, IL, June 5, 1987
stoloniferum. IN, KS, KY, MO, (52 FR 21478).
OH, WV).
Western prairie fringed orchid Platanthera Threatened...... U.S.A. (IA, KS, September 28, 1989
praeclara. MN, MO, ND, NE, (54 FR 39857).
OK, SD), Canada
(Man.).
Pitcher's thistle............. Cirsium pitcheri. Threatened...... U.S.A. (IL, IN, July 18, 1988
MI, WI), Canada (53 FR 27137).
(Ont.).
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III. What do we consider in our review?
We consider all new information available at the time we conduct a
5-year status review. We consider the best scientific and commercial
data that has become available since our current listing determination
or most recent status review, accessible from our Web site http://www.fws.gov/midwest/Endangered/recovery/5yr_rev/completed5yrs.html,
such as:
(A) Species biology, including but not limited to population
trends, distribution, abundance, demographics, and genetics;
(B) Habitat conditions, including but not limited to amount,
distribution, and suitability;
(C) Conservation measures that have been implemented that benefit
the species;
(D) Threat status and trends (see five factors under heading ``How
Do We Determine Whether a Species Is Endangered or Threatened?''); and
(E) Other new information, data, or corrections, including but not
limited to taxonomic or nomenclatural changes, identification of
erroneous information contained in the List, and improved analytical
methods.
IV. How do we determine whether a species is endangered or threatened?
Section 4(a)(1) of the Act requires that we determine whether a
species is
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endangered or threatened based on one or more of the five following
factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
Under section 4(b)(1) of the Act, we must base our assessment of
these factors solely on the best scientific and commercial data
available.
V. What could happen as a result of our review?
For each species under review, if we find new information that
indicates a change in classification may be warranted, we may propose a
new rule that could do one of the following:
(A) Reclassify the species from threatened to endangered (uplist);
(B) Reclassify the species from endangered to threatened
(downlist); or
(C) Remove the species from the List (delist).
If we determine that a change in classification is not warranted,
then the species remains on the List under its current status.
Therefore, elsewhere in today's issue of the Federal Register, we have
published a direct final rule to notify the public that we are revising
the List of Endangered and Threatened Plants (50 CFR 17.12(h)) to
reflect the most recent scientifically accepted taxonomy and
nomenclature of Physaria filiformis (=Lesquerella f.), in accordance
with 50 CFR 17.12(b). We published our direct final rule because
revision of the List for this purpose is a noncontroversial action
that, in the best interest of the public, should be undertaken in as
timely manner as possible. The direct final rule will be effective on
the date specified (see the DATES section of the rule) unless we
receive significant adverse comments. Significant adverse comments are
comments that provide strong justifications as to why our rule should
not be adopted or why it should be changed. We will give the same
consideration to comments submitted in response to either our direct
final rule or notice to initiate 5-year reviews; you do not need to
submit separate comments in regard to the taxonomy of Missouri
bladderpod for both documents.
VI. Request for New Information
To ensure that a 5-year review is complete and based on the best
available scientific and commercial information, we request new
information from all sources. See ``What Information Do We Consider in
Our Review?'' for specific criteria. If you submit information, support
it with documentation such as maps, bibliographic references, methods
used to gather and analyze the data, and/or copies of any pertinent
publications, reports, or letters by knowledgeable sources.
Submit your comments and materials to the appropriate U.S. Fish and
Wildlife Service office listed under ``VIII. Contacts.''
Submit all electronic information in Text or Rich Text format to
[email protected]. Please send information for each
species in a separate e-mail. Provide your name and return address in
the body of your message, and include the following identifier in your
e-mail subject line: Information on 5-year review for [NAME OF
SPECIES].
VII. Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
offices where the comments are submitted.
VIII. Contacts
Send your comments and information on the following species, as
well as requests for information, to the corresponding contacts. You
may view information we receive in response to this notice, as well as
other documentation in our files, at the following locations by
appointment, during normal business hours.
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Contact person,
Species phone, e-mail Contact address
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Higgins eye (pearlymussel) Mr. Phil Delphey, Twin Cities Field
and Platanthera praeclara. (612) 725-3548, Office, U.S. Fish
[email protected] and Wildlife
ov. Service, 1401
American Boulevard
E., Bloomington, MN
55425-1665.
Iowa Pleistocene snail...... Ms. Kristen Lundh, Rock Island Field
(309) 757-5800, Office, U.S. Fish
kristen--lundh@fws. and Wildlife
gov. Service, 1511 47th
Avenue, Moline, IL
61265.
Hungerford's crawling water Ms. Barbara Hosler, East Lansing Field
beetle. (517) 351-6326, Office, U.S. Fish
barbara--hosler@fws and Wildlife
.gov. Service, 2651
Coolidge Road,
Suite 101, East
Lansing, MI 48823-
5902.
Physaria filiformis Dr. Paul McKenzie, Columbia Missouri
(=Lesquerella filiformis). (573) 234-2132, Field Office, U.S.
extension 107, Fish and Wildlife
paul--mckenzie@fws. Service, 101 Park
gov. DeVille Drive,
Suite A, Columbia,
MO 65203-0057.
Trifolium stoloniferum...... Ms. Julie Proell, Ohio Field Office,
(614) 416-8993, U.S. Fish and
extension 19, Wildlife Service,
[email protected] 4625 Morse Road,
ov. Suite 104,
Columbus, OH 43230.
Cirsium pitcheri............ Ms. Tameka East Lansing Field
Dandridge, (517) Office, U.S. Fish
351-8315, tameka-- and Wildlife
[email protected]. Service, 2651
Coolidge Road,
Suite 101, East
Lansing, MI 48823-
5902.
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IX. Authority
We publish this notice under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 27, 2010.
Thomas O. Melius,
Regional Director, Midwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2010-22812 Filed 9-13-10; 8:45 am]
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